Study On Judicial Application Of Ownership Retention System

The ownership retention system came into being when the traditional guarantee mode could not fully meet the needs of economic life.This system takes into account the interests of both parties to the transaction and bona fide third parties,and takes into account the balance of efficiency and security,so that the interests of all parties are effectively guaranteed.With the development of commodity economy,ownership retention has been paid more and more attention,which has become one of the indispensable guarantee methods in modern legal system.Article 134 of the contract law of our country and the interpretation of the law applicable to the trial of disputes over the sale and purchase contract issued by the supreme people’s court provide for the retention of ownership system.However,these rules It can not fully meet the requirements of practice,and it also exposes many problems in the application of justice,which needs further analysis and summary to put forward perfect suggestions.Therefore,based on the present situation of ownership retention system in judicial practice in China,this paper uses the big data analysis of judicial adjudication cases to analyze the main problems existing in the application of justice,and puts forward a series of suggestions to improve the ownership retention system.This paper discusses from the following four chapters.The first chapter mainly introduces the background and significance of the topic,combs the current research situation at home and abroad in detail,summarizes the main viewpoints of the academic session from the aspects of the concept,nature,publicity system,conflict with third parties,judicial application and so on,and points out the research methods and innovations of the text.Chapter two summarizes the judicial application of the ownership retention system,firstly defines the concept of ownership retention,analyzes the nature of ownership retention,then expounds the institutional advantages of ownership retention,finally summarizes the legislative status of China’s ownership retention system,and makes a key study on the judicial adjudication cases in the field of ownership retention in recent years by using Peking University legal data analysis platform.Chapter Ⅲ The characteristics and main problems of the judicial application of the ownership retention system are mainly through the statistics and analysis of the judicial decision data.After in-depth analysis of the dispute focus on the ownership retention cases in the judicial decision,this paper summarizes the main characteristics of the judges in decidingsuch cases,points out the main problems existing in the judicial application of the ownership retention system in China,and lays a solid foundation for the following targeted solutions.The fourth chapter proposes to improve the judicial application of the retention of title system.To improve the publicity system for retention of title,to strengthen the protection of the right of expectation of the buyer and to establish an extension system for retention of title,including in terms of legislative basis;to emphasize in judicial interpretation that the Supreme People’s Court should issue guiding jurisprudence and formulate specific trial policies according to the needs of practice;in addition,to focus on the subjective initiative of judges and give them some discretion to better use the retention of title system.